Question

Deed restrictions may be terminated in all of the following ways, except:

Selections

A. Voluntary cancellation by grantee

B. Expiration of their prescribed period of duration

C. Merger of ownership

D. Quit claim deed from grantor

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Answer: A

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5 Keys Summary

• Voluntary cancellation by the grantee is generally not a method to terminate a deed restriction, as the grantee is the party burdened by the restriction and lacks the unilateral authority to cancel limitations that may benefit other owners.

• Deed restrictions are formal limitations on property use, often structured as covenants or conditions, established by private parties (like a developer or grantor) to maintain community standards or property values.

• Termination of a deed restriction can legally occur through the expiration of their prescribed term of duration, if one was set.

• Restrictions may also be extinguished through the merger of ownership, which happens if the property burdened by the restriction and the property benefiting from its enforcement come under single ownership.

• If the original grantor or their successor retains the right to enforce the restriction, that right can be released via a quitclaim deed from the grantor, effectively terminating the restriction.

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